Wednesday, 18 January 2012 16:05

A Former Child Support Prosecutor's View On Enforcement

Written by  Matt Allen
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child support enforcementAfter establishing, enforcing, and collecting child support orders for several years before joining Cordell & Cordell, I have gotten to know the ins and outs of the child support system very well.

I have also heard probably every excuse under the sun for not paying or not wanting to pay child support, and the stark reality is the vast majority of men do not receive much sympathy from the court.

While there may be room for discretion or leeway in certain cases, it is a pretty narrow issue involving statutory guidelines, percentages, and a handful of formulas.

In my experience, the family court commissioners and judges will stay very close to those guidelines unless there is a very compelling reason to deviate. Each state has a strong interest in ensuring that the needs of all children born and living here are met. As a matter of law and public policy, the court upholds those principles.

There can be very serious penalties for not paying child support including suspension of driver's license, suspension of passport, liens on property, jail time, and even prosecution for felony non-support. Having first-hand knowledge of the state government's perspective and the court’s perspective is very useful as I will be able to convey that to our clients.

Something that I would always try to convey to fathers, especially in new actions, is that being a father comes with legal rights and legal responsibilities, with child support being one of them. Individuals that recognize this concept and follow through with their financial obligations will receive much more respect from the court and from the opposing party. Guaranteed.

 

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Especially in the area of family law where so many issues have the potential to be contested or an individual’s character is closely examined, willingness to follow the law, being agreeable to child support, setting an example, etc., will always be favorable to the father.

When it comes time to review a case for child support or enter into negotiations, I hope to help fathers understand that unfortunately child support is a fairly narrow issue. As long as the child support obligation is consistent with the child custody schedule and with the law, it is to the paying party’s benefit and essential for a more favorable outcome if they can understand and accept child support as one component of their case.

 

If you need help with a child support modification, contact the divorce lawyers for men at Cordell & Cordell.

Use the Child Support Calculator on DadsDivorce.com for an estimated amount of how much child support you should be paying.

By Nadia Noboa-Chehade

Madison, Wisconsin Divorce Lawyer

 

Last modified on Wednesday, 18 January 2012 19:31
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More in this category: « Hague Convention: Timeline To Contest Children's Removal Unwed Fathers Rights »

10 comments

  • Comment Link drew Thursday, 07 February 2013 22:49 posted by drew

    Florida was supposed to base child support on individual median income under Statute 61.30 They just made up their own rules and imputed my income at the household median income even though I am single.

  • Comment Link endeligt skøde digital signatur Thursday, 03 January 2013 13:23 posted by endeligt skøde digital signatur

    I'll right away seize your rss feed as I can not in finding your email subscription link or newsletter service. Do you've any?
    Please let me realize so that I may just subscribe.
    Thanks.

  • Comment Link alan Saturday, 06 October 2012 22:05 posted by alan

    My ex just filed for child support against me for my 14 month old daughter but we still live together and have since before she was born. We also share in the daily raising and caring for our daughter. Is it possible that i can be required to pay even though i live with my child and care for her on a daily basis? My ex does pay the mortgage and utilities as it is her house. I share in the buying of diapers, formula, clothes, etc. and i also pay for daycare myself. How do i fight this? Any advice is greatly appreciated.

  • Comment Link dej Wednesday, 28 March 2012 20:52 posted by dej

    wow!!i am leaning towards divorce too,after almost 9 years of busting my chops to provide for my family while my wife sits at home doing nothing(may have worked a total of 2yrs the entire time i've known her)and coming up with evry excuse in the book why she can't find or keep a job.in her eyes i'm the bread winner and shouldn't complain(because she's a spoiled daddy's girl with daddy giving her everything)because her dad takes care of her mom while she sits on bum doing nothing and spending all his money.....frustrating to know because i want to be successful and part ways to accomplish this,i'm going to take a hit finacially while she still sits back living off of me.i love my children dearly and have no problem at all paying child support.....it's just the fact she'll probably get alimony and i'm still taking care of somebody that doesn't want to do for herself.....family court system desperately needs to be revamped!

  • Comment Link Loren Saturday, 04 February 2012 17:32 posted by Loren

    I don't know if anyone has had the same situation I have now found myself in but I am not happy with the way the system works. I am a full time college student and am working part time. I had a fling over a year ago with a woman. More or less it was a one night stand. I thought I was sterile because I had made it to the age of 40 and had never fathered a child. Well, I found out I am not sterile. We never saw each other again. I found out in August of last year that she had named me the father. She never tried to get ahold of me and let me know she was pregnant. She knew where I lived and knew my phone number. Still she kept me out of the picture. Now the state has sued me for child support. I don't know where she lives. All I know is that she made the choice to keep me out of the picture, made the decision to carry the child to term knowing full well she couldn't afford it bujt that the state would make sure that she was taken care of, including forcing me to pay child support. In Idaho they base the child support on your "potential" income if you don't meet the minimum guidelines of a full time minimum wage job. There is nothing I can do but pay. I would prefer the child be put up for adoption and raised in a home that can give her a decent life, but I have no rights or say in the matter. The state has the power to commit extortion/blackmail legally by garnishing my wages and placing a lien against my bank account and, if I can't keep up with the payments, they will throw me in jail and suspend my drivers license. Why? She didn't want me involved from the beginning. Why should she be rewarded for being irresponsible and I get punished. It doesn't hardly seem fair. It isn't like I am a dead beat. I am a sophomore now and owe for my student loans, which are already at 30,000 dollars and rising. Why does the state say that they don't want to get involved? Aren't they involved the moment they decide to prosecute me for child support? They reward the mother but condemn me? Where is the justice?

  • Comment Link Loren Saturday, 04 February 2012 17:31 posted by Loren

    I don't know if anyone has had the same situation I have now found myself in but I am not happy with the way the system works. I am a full time college student and am working part time. I had a fling over a year ago with a woman. More or less it was a one night stand. I thought I was sterile because I had made it to the age of 40 and had never fathered a child. Well, I found out I am not sterile. We never saw each other again. I found out in August of last year that she had named me the father. She never tried to get ahold of me and let me know she was pregnant. She knew where I lived and knew my phone number. Still she kept me out of the picture. Now the state has sued me for child support. I don't know where she lives. All I know is that she made the choice to keep me out of the picture, made the decision to carry the child to term knowing full well she couldn't afford it bujt that the state would make sure that she was taken care of, including forcing me to pay child support. In Idaho they base the child support on your "potential" income if you don't meet the minimum guidelines of a full time minimum wage job. There is nothing I can do but pay. I would prefer the child be put up for adoption and raised in a home that can give her a decent life, but I have no rights or say in the matter. The state has the power to commit extortion/blackmail legally by garnishing my wages and placing a lien against my bank account and, if I can't keep up with the payments, they will throw me in jail and suspend my drivers license. Why? She didn't want me involved from the beginning. Why should she be rewarded for being irresponsible and I get punished. It doesn't hardly seem fair. It isn't like I am a dead beat. I am a sophomore now and owe for my student loans, which are already at 30,000 dollars and rising. Why does the state say that they don't want to get involved? Aren't they involved the moment they decide to prosecute me for child support? They reward the mother but condemn me? Where is the justice?

  • Comment Link Panther Thursday, 02 February 2012 08:04 posted by Panther

    I feel for you guys. I am married to a man that has the same type of troubles you guys do. I raised my children from a very young age. For most of their lives, I didn't get child support, until their teen years. I busted my rear end to provide for them. I made a life for myself and them. I have been blessed. But these "witches" that sit on their butts, and COLLECT the child support, and blows it on themselves, really bothers me.Many of them will not have a future when the child support ends. They will find some other man to latch on to. This makes me want to puke!
    My husband is afraid to stand up to his ex. It makes me mad. I'm about to give up on him. He says he won't because the courts side with the mother. I agree, I can see that. It ain't right. However, there are some things he can no longer let her get by with, and this is what makes me angry. I am left holding the bag on all the finances, and I resent it. Because, he is paying more in his child support for child care, when his ex has not held a job since 2005! That is bull!
    I will be the first woman to march with you guys for your rights! I am sick of these women that are useless as tits on a boar hog! These women are bums!

  • Comment Link Scott keyes Saturday, 28 January 2012 16:58 posted by Scott keyes

    I just went threw a devours, my x has had me arrested two times and also has tries to get me charged with a 50b. I have successfully defended myself against all these charges. But the court has given her primary custody . After two years of trying to get her out of my life she finally has to move out of my home. She has lived for free for two years. Since all these attempts to destroy my daughters father ie me. Should the court not take this into consideration in a future custody hearing or mediation? Also she is so passive of the child she went threw kindergarden and first grade with her everyday. I know that this seems odd but it to the point of insanity. When I pickup my daughter she won't even let her go one second early and has refused vista tin on32 occasions . What to do? This is in north Carolina

  • Comment Link John Appel Thursday, 19 January 2012 18:19 posted by John Appel

    Amen, I am living in Maryland where divorce is in the favor of the mother. I work hard every day while my wife sits at home in a $700,000 house. She is living off of every state assistance program imaginable plus my child support. She has not desire of getting a job. She has not had a real job in the 24 years I have known her. Where is the JUSTICE. MEN we need to UNITE and tell out elected officials that are not taking it any more!!!!

  • Comment Link Annoyed Wednesday, 18 January 2012 20:38 posted by Annoyed

    Then how is it fair that a father who is successful in his job, who works HARD for his money has to continue to pay more and more the more he makes, while the woman works a dead end part time job with no advancement after working at the same place for 8 years simply because she knows he wants more for his kids and she can live a cushy life without doing the work for it as long as she has the kids, and we ALL know a woman has to be a homeless crack whore to lose her kids. Why not set the standard higher to protect our kids, it should not have to go to the extent for a father to gain custody of his kids.
    Just remember guys, she will regret living off child support once it stops, because she'll have nothing to fall back on, then where will she be?

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